Habeas Corpus Petition

4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Hill v. State
  724 So. 2d 610· Fla. 5th DCA· 1998-12-18 ·cited 2×·via Writ Of Habeas Corpus
• Reeves v. State
  719 So. 2d 1257· Fla. 5th DCA· 1998-10-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a motion to correct an illegal sentence under rule 3.800(a) cannot be used to resolve factual disputes regarding jail credit, which requires a different procedural vehicle.
• Grady William Powers v. State
  714 So. 2d 1110· Fla. 5th DCA· 1998-07-10 ·cited 2×
• Rogers v. State
  717 So. 2d 460· Fla.· 1998-05-14 ·cited 2×
  Glen Edward Rogers, a death row prisoner convicted in Florida, appealed the denial of his habeas corpus petition challenging his extradition to California to face separate murder and arson charges. The Florida Supreme Court affirmed the extradition, holding that constitutional cl
• Bouchette v. State
  711 So. 2d 134· Fla. 5th DCA· 1998-05-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a pro se defendant's confusion about filing a notice of appeal is not a valid ground for a belated appeal, as the responsibility lies with the defendant.
• Young v. State
  709 So. 2d 614· Fla. 5th DCA· 1998-04-09 ·cited 2×·via Writ Of Habeas Corpus
  Rufus Young, appearing for the eighth time before this court, petitioned for a writ of habeas corpus seeking a belated appeal of his 1990 burglary, grand theft, and drug paraphernalia conviction. The court denied the petition, finding it barred by laches and as a successive and a
• Stevie Willis v. State
  708 So. 2d 939· Fla.· 1998-03-19 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a trial court's finding of partial indigency, which allows for appointed counsel but requires payment of filing fees and transcript costs, is illogical and unsupported by the record when based on a flawed financial affidavit.
• V.J.R. v. State
  706 So. 2d 417· Fla. 5th DCA· 1998-03-13 ·cited 2×·via Writ Of Habeas Corpus
• Roydhouse v. State
  701 So. 2d 1273· Fla. 5th DCA· 1997-12-12 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to relief because he never received the administrative gaintime or provisional credits he claimed were improperly cancelled.
• Giordano v. Dixon
  744 So. 2d 1024· Fla. 4th DCA· 1997-09-17 ·cited 2×·via Writ Of Habeas Corpus
  Florida appellate court reversed denial of habeas corpus petition and ordered Department of Corrections to vacate disciplinary report and restore gain time because the department failed to produce a cassette tape of the verbal order the inmate was accused of violating, depriving
• Norman v. Singletary
  698 So. 2d 614· Fla. 1st DCA· 1997-08-26 ·cited 2×·via Writ Of Habeas Corpus
  Norman challenges the denial of his habeas corpus petition alleging the Department of Corrections improperly forfeited gain time credits. The appellate court reversed, finding the petition stated a prima facie claim for relief and that habeas corpus was the appropriate remedy.
• Contreras v. Contreras
  696 So. 2d 506· Fla. 3d DCA· 1997-07-03 ·cited 2×·via Habeas Corpus Relief
  Florida appellate court affirmed habeas corpus relief for mother jailed for civil contempt of violating custody orders, holding that the act of state doctrine and the father's absence from Florida rendered compliance with the purge condition impossible.
• In the Interest of K.C. v. Taylor
  696 So. 2d 858· Fla. 2d DCA· 1997-04-30 ·cited 2×·via Writ Of Habeas Corpus
  K.C., a juvenile detained pending delinquency hearings, petitioned for habeas corpus challenging the legality of his detention. Although K.C. was released before the court's decision, the court addressed the merits due to the likelihood of recurrence and the potential for mootnes
• Alvord v. State
  694 So. 2d 704· Fla.· 1997-04-10 ·cited 2×
  Gary Eldon Alvord, convicted and sentenced to death for three murders in 1974, sought postconviction relief claiming Hitchcock error—that the trial court improperly prevented consideration of nonstatutory mitigating evidence. The Florida Supreme Court affirmed the trial court's d
• Tullis v. State
  690 So. 2d 749· Fla. 5th DCA· 1997-04-04 ·cited 2×·via Writ Of Habeas Corpus
• Mack v. State
  684 So. 2d 296· Fla. 5th DCA· 1996-12-13 ·cited 2×
  Kelvin Mack seeks habeas relief for the third time, claiming ineffective appellate counsel for failing to raise arguments about his plea and sentencing in prior appeals. The court denies the petition as an improper successive habeas filing, having already rejected the same claims
• Zitroy Lowe v. State
  681 So. 2d 916· Fla. 4th DCA· 1996-10-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner received ineffective assistance of appellate counsel for failing to raise the issue of a prejudicial jury instruction on reasonable doubt in a prior direct appeal.
• Sunny Harris v. State
  674 So. 2d 925· Fla. 5th DCA· 1996-06-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a successive petition for a writ of habeas corpus, raising the same issues as a prior denied petition, constitutes an abuse of procedure.
• Mayberry v. State
  685 So. 2d 1326· Fla. 2d DCA· 1996-03-06 ·cited 2×·via Writ Of Habeas Corpus
• White v. Singletary
  663 So. 2d 1324· Fla.· 1995-12-01 ·cited 2×·via Writ Of Habeas Corpus
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder during an armed robbery. The Florida Supreme Court denied both the petition and stay, rejecting White's claims of ineffective assistance of counsel, mental retardation, wi
• State v. J.W.
  664 So. 2d 29· Fla. 1st DCA· 1995-11-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Florida Department of Law Enforcement (FDLE) could not willfully ignore a trial court's order to seal criminal records, even if FDLE believed the order was erroneous, and thus the contempt judgment was proper.
• Denson v. The Honorable Edward Rodgers
  658 So. 2d 1224· Fla. 4th DCA· 1995-08-16 ·cited 2×·via Writ Of Habeas Corpus
  The trial court erred in rejecting a pleading solely based on division assignment, and should have assigned it to the appropriate division.
• Jacques D. Keil v. Singletary
  649 So. 2d 354· Fla. 4th DCA· 1995-02-08 ·cited 2×·via Writ Of Habeas Corpus
• Fontana v. Rice
  644 So. 2d 502· Fla.· 1994-10-27 ·cited 2×
  When criminal charges are dismissed and the State appeals, the defendant must be released on recognizance unless another charge justifies continued custody, as per Fla. R. Crim. P. 3.190(e).
• Carvie William Farmer v. State
  642 So. 2d 127· Fla. 5th DCA· 1994-09-12 ·cited 2×·via Writ Of Habeas Corpus
• Wimberly v. State
  634 So. 2d 231· Fla. 1st DCA· 1994-03-24 ·cited 2×
  Wimberly appealed the denial of his motion for a belated appeal, claiming his counsel was ineffective for failing to appeal a June 1988 order denying his Rule 3.850 motion for post-conviction relief. The court reversed, holding that entitlement to a belated appeal does not depend
• Domberg v. State
  636 So. 2d 527· Fla. 1st DCA· 1994-02-18 ·cited 2×·via Writ Of Habeas Corpus
  Robert Domberg petitioned for a writ of habeas corpus challenging his departure sentence on the grounds that the trial court lacked jurisdiction to file written reasons for the departure after notice of appeal was filed, and that his appellate counsel was ineffective for failing
• FOX v. Singletary
  635 So. 2d 69· Fla. 1st DCA· 1994-01-18 ·cited 2×·via Writ Of Habeas Corpus
  The appellate court held that the trial court erred in summarily denying the inmate's petition for a writ of habeas corpus.
• Fontana v. Rice
  630 So. 2d 1141· Fla. 2d DCA· 1993-11-03 ·cited 2×·via Writ Of Habeas Corpus
  The trial court is authorized to continue a defendant on bond pending a state appeal from an order of dismissal, upon a showing of good cause.
• Bannister v. The Honorable William L. Hendry
  625 So. 2d 1244· Fla. 4th DCA· 1993-09-01 ·cited 2×·via Writ Of Habeas Corpus
  Petitioner sought a writ of prohibition to prevent prosecution on grand theft and burglary charges for lack of speedy trial. The court treated the petition as a habeas corpus petition and remanded for an adversary preliminary hearing under Florida Rules of Criminal Procedure 3.13
• Blair v. Delo
  999 F.2d 1219· 8th Cir.· 1993-07-20 ·cited 2×
  The court granted a temporary stay of execution because the petitioner's claim, though questionable, was not "frivolous and entirely without merit" given the differing opinions in a relevant Supreme Court case.
• Jerrold S. Flemming v. Or. Bd. OF Parole
  998 F.2d 721· 9th Cir.· 1993-07-12 ·cited 2×
  The retroactive application of an amended parole regulation that limits potential sentence reductions violates the Ex Post Facto Clause of the U.S. Constitution.
• Stephens v. Miller
  989 F.2d 264· 7th Cir.· 1993-06-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the exclusion of the defendant's testimony regarding a conversation during the alleged incident violated his Sixth Amendment right to testify and was not harmless error.
• Aponte v. Gomez
  993 F.2d 705· 9th Cir.· 1993-05-19 ·cited 2×
  The court held that the California Supreme Court's interpretation of sentencing statutes, excluding a quantity enhancement from the double-base-term limitation, was not a violation of due process or the Ex Post Facto Clause.
• Gisbert v. U.S. Attorney General
  988 F.2d 1437· 5th Cir.· 1993-04-28 ·cited 2×
  The court held that the continued detention of excluded aliens, even if indefinite, does not violate their constitutional rights, is within the Attorney General's discretionary power, and is not prohibited by international law.
• Enoch McQueen v. Whitley
  989 F.2d 184· 5th Cir.· 1993-04-23 ·cited 2×
  The court held that a petition challenging a prior conviction used to enhance a current sentence constitutes an abuse of the writ if the claim could have been raised in a prior petition challenging the enhanced sentence.
• United States v. Peak
  992 F.2d 39· 4th Cir.· 1993-04-16 ·cited 2×·via Habeas Corpus Relief
  The failure of a criminal defense attorney to file a requested notice of appeal constitutes a deprivation of the Sixth Amendment right to counsel, regardless of the potential merit of the lost appeal.
• Benny Hatley v. A.L. Lockhart
  990 F.2d 1070· 8th Cir.· 1993-04-13 ·cited 2×·via Habeas Corpus Relief
  The court held that the appellant's claims regarding jury selection, admission of photographs, and his confession were without merit and affirmed the dismissal of his habeas corpus petition.
• In re the Request for Extradition OF Peter Gabriel John McMULLEN by the Gov't of the United Kingdom of Great Britain & N. Ireland. Peter G.J. McMULLEN v. United States
  989 F.2d 603· 2d Cir.· 1993-03-24 ·cited 2×
  The Supplementary Treaty constitutes a Bill of Attainder because it specifies individuals, inflicts punishment by removing a defense and assuring extradition, and does so without a judicial trial.
• Sawyers v. Collins
  986 F.2d 1493· 5th Cir.· 1993-03-23 ·cited 2×
  The court held that the defendant's Penry claim was not procedurally barred, but that it lacked factual support. The court also held that an evidentiary hearing was not required for the ineffective assistance of counsel claim. Therefore, the request for a certificate of probable
• Schmidt v. United States
  987 F.2d 536· 8th Cir.· 1993-03-04 ·cited 2×·via Habeas Corpus Relief
  The court held that the jury instructions adequately conveyed the substance of the buyer-seller relationship issue, and therefore, there was no reasonable probability of a different trial outcome had the requested instruction been given.
• Harrell v. McMILLAN
  614 So. 2d 1185· Fla. 1st DCA· 1993-02-19 ·cited 2×·via Writ Of Habeas Corpus
  Harrell petitions for mandamus or habeas corpus after being denied pretrial release when she attempted to satisfy multiple cash bond conditions by posting a single surety bond. The court grants relief, holding that cash bond conditions may be automatically satisfied by appropriat
• LaPIER v. McCORMICK
  986 F.2d 303· 9th Cir.· 1993-02-16 ·cited 2×
  A defendant claiming Indian status for criminal jurisdiction purposes must be affiliated with a federally acknowledged Indian tribe.
• Rust v. Hopkins
  984 F.2d 1486· 8th Cir.· 1993-01-20 ·cited 2×
  The court held that the Nebraska Supreme Court's application of the "beyond a reasonable doubt" standard for aggravating factors for the first time on appeal, rather than by the sentencing panel, violated Rust's due process rights and statutory entitlements.
• Krantz v. Briggs
  983 F.2d 961· 9th Cir.· 1993-01-19 ·cited 2×
  The court held that a state court's determination of whether a defendant was 'in custody' for Miranda purposes is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• Jordan v. Ducharme
  983 F.2d 933· 9th Cir.· 1993-01-11 ·cited 2×
  The court held that the exclusion of an attorney from witness preparation during a pretrial lineup did not violate the Sixth Amendment, and any constitutional error was harmless. The court also held that the exclusion of evidence regarding dismissed counts and misidentifications,
• Grubbs v. Hannigan
  982 F.2d 1483· 10th Cir.· 1993-01-06 ·cited 2×·via Habeas Corpus Relief
  The court held that the evidence was sufficient to support the conviction despite exculpatory blood test results, and the victim's identification, though from a suggestive procedure, was reliable enough to not violate due process.
• Castillo v. Stainer
  983 F.2d 145· 9th Cir.· 1992-12-22 ·cited 2×
  The court held that while the trial court erred in failing to follow proper procedures for shackling the defendant, the error was harmless beyond a reasonable doubt because the restraints were not visible to the jury and did not impede the defendant's ability to communicate with
• Manlove v. Tansy
  981 F.2d 473· 10th Cir.· 1992-12-16 ·cited 2×
  The court should not grant a writ of habeas corpus based on a defense strategy not presented to the trial court.
• Jernigan v. Collins
  980 F.2d 292· 5th Cir.· 1992-12-15 ·cited 2×
  The court held that Jernigan failed to demonstrate that any errors by his counsel or the trial judge prejudiced his trial, and thus he is not entitled to habeas relief.